UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

OXBOW CARBON & MINERALS LLC, et al., ) ) Plaintiffs, ) ) � ) Civil Action No. 11-1049 (PLF) ) UNION PACIFIC RAILROAD CO., et al., ) ) Defendants. )

ORDER

In anticipation of the above-captioned matter soon being transferred by consent to

Judge Beryl Howell, it is hereby

ORDERED that Defendants BNSF Railway Company and Union Pacific Railroad

Company's Motion for Summary Judgment [Dkt. No. 231] is denied without prejudice to its

being refiled before Judge Howell.

SO ORDERED.

e PAUL L. FRIEDMAN ;1�.i- DATE: "31 �I,, \ � "( United States District Judge